Jason Millette of Donovans has been granted bail in the sum of $200,000 with a $30,000 cash component.
Millette who is now being represented by Attorney Andrew O’kola, was offered bail due to a change in circumstances. Jason Millette and co-accused Shalom Bailey are waiting to be retried for the murder of 20-year-old Xavier Thomas on the night of 18th August 2017.
Both defendants were jointly charged along with Dorian Marshall of Jennings Village, but a jury found Marshall guilty of the crime in a trial in 2019 and was sentence to 40 years in prison, however the jury were undecided in the case of the other two men.
The Court noted that COVID-19 continues to affect Antigua and Barbuda and that the prison is overcrowded. In addition, the fact that trials could not have been heard last year.
O’kola represented to the Court that his client is not a flight risk, and is able to sign at a police station every day if needs be, his passport is already in the possession of the Court, he has strong family ties in the community.
He also drew to the Courts attention that the case against his client is tenuous and rests on the testimony of one individual and that there is no forensic evidence linking the Applicant to the shooting.
The judge considered the arguments presented by Mr O’kola along with the nature of the allegations against Millette the Judge granted the application.
Other conditions of bail include that Millette must Report to and sign in at the Grays Farm Police Station every Monday, Wednesday and Friday between the hours of 6:00 AM and 6:00 PM, commencing on January 29, 2021 and must reside in his mother’s home in Donavans.
Millette’s lawyer also raised the issue of disclosure stating that some pieces of information is being withheld by the crown.
The Crown in their response indicated that the evidence of the car was neither here nor there.
In addition, the defense mentioned that the defendant in his affidavit alluded to the statements taken from three persons which had not been disclosed by the Crown and which he says would have assisted at his trial.
The defense is adamant that disclosure must be given in full and in a timely manner.
